ORD-2012-011 Amendments to Unified Development Ordinance (UDO/Zoning 2012-08)

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Article 6: Development Standards Section 6.14: Stormwater Management (D) Offset Payments (1) Offset fees may be permitted to meet the nutrient export levels set for new development. In order to utilize offset fees, the proposed new development subject to the nutrient load standards must attain nitrogen and phosphorus loading rate reductions on-site that meet the following criteria prior to using an offsite offset measure: (a) Falls Lake Watershed (i) 30% or more reduction in both nitrogen and phosphorus loading from the untreated conditions for any single-family, detached and duplex residential development disturbing one half acre but less than one acre; (ii) 50%or more reduction in both nitrogen and phosphorus loading from the untreated conditions for any single-family, detached and duplex residential development disturbing more than one acre; (iii) 30% or more reduction in both nitrogen and phosphorus loading from the untreated condition for other development, including multi-family residential, commercial and industrial development disturbing 12,000 square feet but less than one acre; (iv) 50% or more reduction in both nitrogen and phosphorus loading from the untreated condition for other development, including multi-family residential, commercial and industrial development disturbing more than one acre; (v) 30 percent or more reduction in both nitrogen and phosphorus loading from the untreated condition for proposed redevelopment activities in a designated downtown area that would replace or expand structures or improvements that existed as of December 2006. (b) Jordan Lake Watershed (i) Six pounds per acre per year nitrogen for single-family, detached and duplex residential development. (ii) Ten pounds per acre per year nitrogen for other development including commercial, industrial, and multi-family residential. (2) Off-set fees shall be paid to the NE)Fth GaF9IiRa EGGsystem EnhaRGeFneRt Pregram the NGDVVQ that the fURds be utilized wheFe they are geRGFated te the maximum g9V8FRFR8Rt. Offset fees may be paid to the North Carolina Ecosystem Enhancement Program (NCEEP), approved private mitigation bank, or other mitigation option as approved by the NC DWQ and Orange County. It is the policy of NC DWQ and Orange County, as well as a requirement in certain watersheds, that offset payment funds be utilized where they are generated to the maximum extent possible. (3) Offset payment fees and calculation methods are determined by the ?Jerk# Quality(NCDWQ}as approved by the North Carolina Environmental Management Commission . The total amount of offset payment will be SeGtieR 15A NGAQ 02E.0240"Neese River Eas'R N61tFieRt SeR6itiye Watem determined based on current NC DWQ policy and regulation on a case by case basis. Orange County, North Carolina—Unified Development Ordinance Page 6-105